A consultation on the allocation of functions to the First-tier Tribunal for Scotland General Regulatory Chamber, and amendments to the composition and Rules of Procedure in the First-tier Tribunal for Scotland and the Upper Tribunal for appeals relating to:
The Tribunals (Scotland) Act 2014 ("the 2014 Act") creates a new, simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions. The 2014 Act includes powers allowing Ministers to make regulations to transfer the functions and members of a listed tribunal into the new structures. The 2014 Act created the First-tier Tribunal for Scotland ("First-tier Tribunal") and the Upper Tribunal for Scotland ("Upper Tribunal"), known collectively as the Scottish Tribunals. The First-tier Tribunal is divided into chambers with regard to subject matter and other relevant factors.
The functions referred to in this consultation are entirely new functions, introduced by the Transport (Scotland) Act 2019. The 2019 Act introduces new rights of appeal to the Scottish Tribunals in relation to new transport policies to be introduced into Scotland on Low Emission Zones Schemes (known as the LEZ schemes), Workplace Parking Licensing Schemes (known as the WPL schemes) and the prohibition of Dropped Footway Parking, Pavement parking and Double Parking.
It is anticipated that these new functions will be allocated to the General Regulatory Chamber (GRC) of the First-tier Tribunal for Scotland.
The functions of the Scottish Charity Appeals Panel (SCAP) to consider appeals against decisions made by the Office of Scottish Charity Regulator were transferred to the GRC in 2018 and the functions of the Parking and Bus Lane Appeal Tribunal for Scotland were transferred to the GRC in 2020.
The GRC Parking and Bus Lane Appeal Tribunal currently considers appeals against penalty charge notices issued by a number of councils within Scotland for parking contraventions and bus lane enforcement notifications.
It is anticipated that the GRC will be the most appropriate chamber of the First-tier Tribunal in which to accommodate and operate the new functions listed in this consultation, as introduced by the 2019 Act.
The intention is for the appeals against the Low Emission Zone schemes, Workplace parking licencing and the dropped footway, pavement parking and double parking appeals to be transferred to the exisiting General Regulatory Chamber Bus Lane Appeals within the First-tier Tribunal for Scotland.
As part of that process we are seeking views on the regulations allocating these functions to the Scottish Tribunals, amending the composition of the First-tier Tribunal and the Upper Tribunal along with the procedural rules prescribing the practice and procedure to be followed in proceedings.
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